Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 164 Subsection 17(3) Advice from officials 17(3) A head may refuse to give access to any report, statement, memorandum, recommendation, document, information, data or record, within the meaning of section 10 of The Evidence Act, that, pursuant to that section, is not admissible as evidence in any legal proceeding. Subsection 17(3) of FOIP is a discretionary class-based exemption. It permits refusal of access to any report, statement, memorandum, recommendation, document, information, data or record, within the meaning of section 10 of The Evidence Act that is not admissible as evidence in any legal proceeding. Section 10 of The Evidence Act pertains to evidence given before quality improvement committees. Committee, in this context, means a committee designated as a quality improvement committee by a health services agency to carry out a quality improvement activity the purpose of which is to examine and evaluate the provision of health services for the purpose of: (a) Educating persons who provide health services. (b) Improving the care, practice or services provided to patients by the health services agency.605 Health services agency, in this context, means: (a) The provincial health authority established or continued pursuant to The Provincial Health Authority Act; (b) A health care organization as defined in The Provincial Health Authority Act; (c) the operator of a mental health centre as defined in The Mental Health Services Act; (d) the Saskatchewan Cancer Agency continued by The Cancer Agency Act; or (e) the Athabasca Health Authority Inc.; (« organisme de services de santé »)606 Legal proceeding, in this context, means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes a proceeding for the imposition of punishment by 605 The Evidence Act, SS 2006, c E-11.2 at subsection 10(1). 606 The Evidence Act, SS 2006, c E-11.2 at subsection 10(1).
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